MINUTES OF THE Urban Planning Committee Meeting

HELD AT THECouncil Chamber, Moreland Civic Centre, 90 Bell Street, Coburg

ONThursday 26 April 2018

The Chair opened the meeting at 6.30 pm and acknowledged the traditional owners, the Wurundjeri people and paid respects to their Elders, past and present, and the Elders from other communities who may be here today. The Mayor acknowledged that currently many Aboriginal and Torres Strait Islander people have made Moreland home and in doing so have contributed to the positive, rich diversity of this municipality.

Present: / Time in / Time out
Cr Dale Martin (Chair) / 6.30 pm / 8.20 pm
Cr Natalie Abboud / 6.30 pm / 8.20 pm
Cr Sue Bolton / 6.30 pm / 8.20 pm
Cr Annalivia Carli Hannan / Leave of absence
Cr Helen Davidson / 6.30 pm / 8.20 pm
Cr Ali Irfanli / 6.30 pm / 8.20 pm
Cr John Kavanagh / Apology
Cr Mark Riley / Apology
Cr LambrosTapinos / 6.30 pm / 8.20 pm
Cr Oscar Yildiz JP / 6.30 pm / 8.19 pm

APOLOGIES:

Cr Kavanagh and Cr Riley.
Leave of absence has been granted to Cr Carli Hannan - 3 April 2018 to 26 April 2018 inclusive.

OFFICERS:

Acting Group Manager City Development – Narelle Jennings

Planning Co-ordinator – Darren Camilleri

Planning Co-ordinator – Robert Shatford

Unit Manager Governance – Sally Curran

Governance Officer – Saskia Hunter

CONFIRMATION OF MINUTES:

Cr Davidson moved, Cr Irfanli seconded -
The minutes of the Urban Planning Committee Meeting held on 28 March 2018 be confirmed.
Carried

INTERESTSAND/ORCONFLICTOFINTERESTS:

Nil.

COMMITTEE REPORTS:

DED21/1816-24 Box Forest Road, Glenroy - Planning Permit Amendment Application MPS/1997/262/B (D18/76050)
The application seeks approval for an amendment to the existing planning permit which allows development and use of land for the purpose of Movable Dwelling Units, associated community and recreational facilities, caretaker’s dwelling and to remove native vegetation.The amendment seeks to allow the construction of an additional 6 dwellings on the land. The application was advertised and 9 objections were received, including a petition which contains 38 signatures. The main issues raised in objections relate to the southernmost 2dwellings, including the removal of trees in this location and the loss of the green space area, and traffic and parking impacts.
A Planning Information and Discussion meeting was held on 13 February 2018. No changes were made to the proposal following the meeting.
This application is being reported to the Urban Planning Committee at the request of CrKavanagh.
The report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme.
The key planning considerations are:
The level of compliance with the multi-dwelling development provisions (Clause 55) of the Moreland Planning Scheme;
Car parking provision and traffic impacts; and
Impact to the landscaped area to the south (front) of the site and loss of 2 trees (Chinese Elms).
The proposal displays a high level of compliance with the Clause 55 provisions, and provides the required number of car parking spaces.The additional vehicle movements associated with the 6 new dwellings would be minor, given the site currently contains 181dwellings.The loss of two trees (Chinese Elms) would be offset by recommended conditions that require new landscaping.
It is recommended that a Notice of Decision to Grant an Amended Planning Permitbe issued for the proposal.
Officer Recommendation
That a Notice of Decision to Grant an Amended Planning Permit No. MPS/1997/262/B be issued for the development and use of land for the purpose of movable dwelling units, associated community and recreational facilities, caretakers dwelling and to remove native vegetation at 16-24 Box Forest Road, Glenroy, subject to the following conditions (modified conditions shown in bold):
1.Prior to the commencement of the development hereby permitted, 3 copies of plans drawn to scale and dimensioned shall be submitted to and approved by the Responsible Authority. Such plan shall be generally in accordance with the plan submitted with the application but modified to show:
a)The residences located along the eastern boundary of the site removed and replaced with a self storage development, recreational facility, garden and storage buffer.
b)A 2 metre high earth mound, landscaping and a 3.5 metre high acoustic barrier fence erected along the entire length of the eastern boundary of the site.
c)The 2 metre earth mound and 3.5 metre high acoustic barrier fence be continued around the north east corner of the site for 25 metres of the northern boundary.
d)Landscaping and a 3 metre high acoustic barrier fence erected along the remaining northern boundary of the site.
e)Detailed plans including dimensions, internal layout and elevations of all community/recreational buildings.
f)Detailed layout plans of the self storage units including dimensions, elevations, access arrangements and car parking provision.
g)A plan to show the staging of development (Stage 1 is to include all roads, all of the landscaping along the boundaries and the access to Sages Road and the landscaping in the vicinity of the first stage of residential lots to be developed, a significant proportion of the community/recreational facilities to be completed).
h)Incorporate the treatment required at the intersection of the site with Box Forest Road to adequately cope with the additional traffic generated by the development.
i)Full details of the lighting design for the illumination of the development.
j)The 4 lots identified on the plan as lots 50, 54, 55 and 137 must be shown as public open space rather than dwelling allotments, to provide better protection to the native vegetation.
An endorsed copy of the plan shall form part of this permit.
2.Before the development allowed by this amended permit commences, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans (advertised 25 September 2017) but modified to show:
a)Initiatives contained within the Sustainable Design Assessment, including:
i.On-site stormwater treatments as per the STORM report (including rainwater harvesting tanks and their capacities, raingardens, etc.), and confirmation that rainwater harvesting tank capacities within the STORM and BESS reports will be independent of any detention requirements (through the Legal Point of Discharge process.
ii.If a raingarden is used as per the STORM report, a section detail of a raingarden that is consistent with Moreland City Council raingarden guidelines. The raingarden must have a submerged zone, and if appropriate, an underdrain and overflow pipe connected to the stormwater drainage system, and full lining around the raingarden excavation area.
iii.Section details of appropriate external shading for the exposed north, east and west facing windows. The east and west facing shading must appropriately protect the windows during peak heat temperatures whilst not detracting from desired winter heat gain. North-facing shading is acceptable to be provided via eaves, provided they extend for approximately 45% of the window heights. South-facing shading is not recommended and if provided, must be justified.
iv.Double glazing (or better) provided for all habitable room windows, indicated on each individual window on the floor plans and elevations and in the Materials Schedule.
v.Secure, accessible bicycle parking spaces as per the BESS report.
vi.The size of the solar photovoltaic (PV) systems clarified.
b)The storage sheds with a capacity of 6 cubic metres.
c)The southernmost dwelling Type A be provided with a second window to its south-easternmost bedroom, in the south wall.
d)The dwelling type B re-aligned to provide a secluded private open space area with a minimum dimension of 3 metres, achieved by the dwellings being moved closer to their north or south lot boundaries.
e)The dwellings each provided with a ramp to improve ease of access for residents and visitors of limited mobility.
f)A landscape plan in accordance with Condition 4 of this permit.
g)The electricity meter boxes, gas and water meters shown on all relevant plans. Where meters would be visible from the public realm, they must not be in a stack or placed vertically, and must be screened from view using either landscaping or fixed screening, unless otherwise agreed to in writing by the Responsible Authority.
h)All existing tree(s) and vegetation on site and adjoining land, including the tree protection zone(s).
3.The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. This does not apply to any exemption specified in Clauses 62.02-1 and 62.02-2 of the Moreland Planning Scheme unless specifically noted as a permit condition.
4.Prior to the commencement of any development works associated with amendment MPS/1997/262/B, an amended landscape plan must be submitted to and approved by the Responsible Authority. The landscape plan must be generally in accordance with the plan submitted to Council (Allswell Communities – August 2017), but amended as follows:
a)Any amendments to the layout and design of the dwellings in accordance with condition 1 requirements.
b)Any stormwater management details on the STORM report, including raingardens, rainwater harvesting tanks locations, etc.
c)A raingarden section as per Melbourne Water or Moreland City Council raingarden guidelines.
d)Identification of any existing tree(s) and vegetation on site and adjoining land proposed to be removed and retained, including the tree protection zone(s). Vegetation retainment must include strategies for the retainment (i.e. barriers and signage during the construction process).
e)A schedule of all proposed trees, shrubs and ground covers (including numbers, size at planting, size at maturity and botanical names), as well as sealed and paved surfaces. The flora selection and landscape design should be drought tolerant and based on species selection recommended in the Moreland Landscape Guidelines 2009.
f)Details of the location and type of all paved and sealed areas. Extensive hard surfaces are not supported. The adoption of porous/permeable paving, rain gardens and other water sensitive urban design features is encouraged.
5.Prior to the occupation of the six new dwellings allowed by MPS/1997/262/B, all landscaping works must be completed in accordance with the approved and endorsed amended landscape drawing to the satisfaction of the Responsible Authority.
6.Prior to development commencing (including any demolition, excavations, tree removal, delivery of building/construction materials and/or temporary buildings), all trees marked on the endorsed landscape plan as being retained must have a Tree Protection Zone (TPZ) to the satisfaction of the Responsible Authority. The fencing associated with this TPZ must meet the following requirements:
Extent
The tree protection fencing (TPF) is to be provided to the extent of the TPZ, calculated as being a radius of 12 x Diameter at Breast Height (DBH – measured at 1.4 metres above ground level as defined by the Australian Standard AS 4970.2009)
If works are shown on any endorsed plan of this permit within the confines of the calculated TPZ, then the TPF must be taken in to only the minimum amount necessary to allow the works to be completed.
Fencing
All tree protection fencing required by this permit must be erected in accordance with the approved TPZ.
The TPF must be erected to form a visual and physical barrier and must be a minimum height of 1.5 metres and of chain mesh or similar fence with 1.8 metre support posts (e.g. treated pine or similar) every 3-4 metres, including a top line of high visibility plastic hazard tape erected around the perimeter of the fence.
Signage
Fixed signs are to be provided on all visible sides of the TPF clearly stating ‘Tree Protection Zone – No Entry’, to the satisfaction of the Responsible Authority.
Irrigation
The area within the TPZ and TPF must be irrigated during the summer months with 1litre of clean water for every 1cm of trunk girth measured at the soil/trunk interface on a weekly basis.
Provision of Services
All services (including water, electricity, gas and telephone) should be installed underground, and located outside of any TPZ, wherever practically possible. If underground services are to be routed within an established TPZ, they must be installed by directional boring with the top of the bore to be a minimum depth of 600mm below the existing grade, to the satisfaction of the Responsible Authority.
Bore pits must be located outside of the TPZ or manually excavated without damage to roots, to the satisfaction of the Responsible Authority.
Access to TPZ
Should temporary access be necessary within the Tree Protection Zone during the period of construction, the Responsible Authority must be informed prior to relocating the fence (as it may be necessary to undertake additional root protection measures such as bridging over with timber).
7.Prior to the commencement of the use a landscape plan prepared by a qualified landscape architect to the satisfaction of the Responsible Authority has been submitted and endorsed. The landscape plan must show the location, quantity and size at maturity of all proposed plants, the botanical names of the plants, the location of all areas to be covered by lawn or other surface materials and provide a specification of works to be undertaken prior to planting. Landscaping to the pedestrian walkway to Sages Road must be included in the landscape plan.
8.The garden areas and plants shown on the endorsed plan must be established prior to the use commencing and then maintained to the satisfaction of the Responsible Authority.
9.Prior to the endorsement of plans, an amended Sustainable Design Assessment (SDA) must be submitted to and approved to the satisfaction by the Responsible Authority. The Sustainable Design Assessment must demonstrate a best practice standard of environmentally sustainable design and be generally in accordance with the BESS report (project number 8878) dated 28 July 2017 but modified to include the following changes:
a)An amended overall project site area as per the development plans scope of works, being the 6 dwellings (not the entire 62,779 square metre facility).
b)No longer claim BESS credit ‘Management 1.1 Pre-application meeting’ or provide sufficient justification for claiming this credit.
c)No longer claim out credit ‘Transport 1.3 Bicycle Parking – Convenience Residential’.
d)An amended ‘Energy’ response in the BESS report that:
i.Maintains a minimum score of 50% but is modified so that the heating and cooling loads and the NatHERS star rating reflect the ‘principal’ location of the subject site within the NatHERS framework. The heating and cooling loads and resultant NatHERS rating, for each dwelling, must be provided. An average target of 6.5 stars is aimed for rather than minimum compliance.
ii.Has solar PV details which are consistent with the development plans.
e)A STORM report that has a minimum score of 100% and includes:
i.Pervious and impervious areas which are consistent with the areas identified on the development plans. Specific impervious areas in the STORM report (such as a roof area) must also be consistent with the development plans.
ii.All pervious and impervious within the development plans scope of works (i.e. the 6 dwellings and their boundaries) areas accounted for.
iii.All stormwater treatments can be realistically achieved, based on the roof areas and the location of rainwater tanks and other treatments such as raingardens. The use of charged rainwater harvesting systems which will run underneath buildings must be acknowledged and accepted.
iv.The location of stormwater treatment such as rainwater harvesting tanks and raingardens are practical. They must reduce the need for underground pipes and reduce impact on neighbouring properties.
v.If raingardens are used, the type of raingardens clarified and consistent with the development plans. The use of planter box raingardens for roof treatment is recommended.
f)The ‘Water’ category in the BESS report amended as per the changes to the STORM report.
The amended BESS report must achieve an overall score of 50% or higher, and have ‘pass’ rates of 50% for the ‘Energy’, ‘Water’ and ‘IEQ’ categories and 100% for the ‘Stormwater’ category.
When submitted and approved to the satisfaction of the Responsible Authority, the SDA and associated notated plans will be endorsed to form part of this permit.
All works must be undertaken in accordance with the endorsed Sustainable Design Assessment report to the satisfaction of the Responsible Authority. No alterations to the Sustainable Design Assessment report may occur without the written consent of the Responsible Authority.
10.All works must be undertaken in accordance with the endorsed Sustainability Design Assessment (SDA) to the satisfaction of the Responsible Authority. No alterations to the SDA may occur without the prior written consent of the Responsible Authority.
11.Before the use commences or before a building is constructed for the use or before the works are constructed or carried out in association with the use:
a)A certificate of environmental audit for the land must be issued for the land in accordance with Section 57AA of the Environment Protection Act 1970; or
b)An environmental auditor appointed under the Environment Protection Act 1970 must make a Statement in accordance with Section 57AA(5)(b) of that Act that the environmental conditions of the land are suitable for the use. Any works required by this statement must be carried out to the satisfaction of the Responsible Authority and a letter of confirmation must be obtained from the Auditor that all remedial works have been satisfactorily completed.